The Building Bridges Initiative is currently on appeal before the Judiciary. The Constitutional amendment, propagated by President Uhuru Kenyatta and Raila Odinga, had a smooth sail until the High Court ruling.
Political analyst Mutahi Ngunyi assessed the current state of affairs in the Judiciary. He acknowledged Judicial activism, determined how it will affect the Court of Appeal's decision. ''When BBI was still under debate at the County Assemblies, the Judges warned them that their decisions in regards to the approval of the bill could be declared invalid upon the hearing of the full case,'' he began.
''The Judiciary has forgotten its role as a house of neutral Justice and has operated as a clearinghouse for political interest,'' he said.
''To the county assemblies, the Judges also said that although that order is not directed to them as a Legislative bodY, they should be aware that the court can not be barred from interrogating the constitutionality of the entire BBI process,'' he said.
''In short, the courts said that it had the power to substitute own will for that of the people. Very arrogant. It is okay, let them continue,'' he added. The professor stated that the Judiciary began the trend of political rulings in 2017, which led to the 2017 nullification. With the political season approaching,
''As it is, the Judiciary had stopped the IEBC from subjecting the constitution of Kenya to a referendum until the petitions are determined,'' he said.
''We give the Judiciary respect and listen to their decisions, but if they begin to deviate from proper Judicial reasoning and plunge into political thinking in decision making, then they begin to lose respect in our eyes,'' he stated. According to the analyst, when the law no longer binds the Judiciary, it falls prey to the seduction of absolute powers, and courts render decisions based on untethered political reasoning.
''Judges will read between the lines that do not exist to make judgments that cannot be enforced. Unfortunately, this is the sorry state of affairs,'' he explained.
''I would like to remind the Judiciary of its true position. Of the three branches of government, it poses no real threat to anyone, has no force but merely will of Judgement. The Judiciary must depend on the Executive, my advice is, walk humbly.'' He concluded.
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